To satisfy the residency requirement for British Nationality through naturalisation you should not have been absent for more than 90 days in the last 12 months. If you are married to or in a civil partnership with a British citizen the total number of days absence for the whole 3-year period should not exceed 270. Otherwise, you should not have been outside the UK for more than 450 days in the 5- year qualifying period.
There is discretion from Secretary of the State to disregard absences in excess of the limits.
The 3 or 5-year qualifying period
Time spent in the UK while exempt from immigration control (for example, as a diplomat or a member of visiting armed forces) or while in any place of detention (or unlawfully absent from such a place) does not normally count as residence in the UK for the purpose of calculating the residential qualifying period. It is usually treated as an absence from the UK.
If you are a national of a member state of the EEA and do not have indefinite leave to remain in the UK, you will need to have been resident in the UK for at least five years even if you are married to a British citizen.
Absences from the UK during your 5 years residency qualifying period
| 6(1) application 5-year qualifying period | 6(2) application 3-year qualifying period (applicants married to, in a civil partnership with, a British citizen) | |
| Normally permitted absences in QP | 450 days | 270 days |
| Total number of absences normally disregarded | 480 days | 300 days |
Absences normally disregarded only if:
and
|
900 days
Please note: if your absences are up to 730 days we would expect you to have been resident in the UK for the last 7 years. For absences exceeding 730 days we would expect you to have been resident in the UK for the last 8 years unless the absences were a result of one of the reasons given below. |
540 days
Please note: if your absences are up to 450 days we would expect you to have been resident in the UK for the last 4 years. For absences exceeding 450 days we would expect you to have been resident in the UK for the last 5 years unless the absences were the result of one of the reasons given below. |
For absences exceeding 730 days (or 450 days for 6(2) applications) we would expect you to have been resident in the UK for the last 8 years (5 years for 6(2) applications) unless the absences were a result of either:
- A posting abroad in Crown or designated service (see the section on Crown and designated service. For example, as a member of HM Forces, or as the husband, wife or civil partner of a British citizen serving abroad in Crown or designated service
- An unavoidable consequence of the nature of your work. For example, if you are a merchant seaman or someone working for a UK based business which requires frequent travel abroad.
- Exceptional or compelling reasons for an occupational or compassionate nature such as having a firm job offer for which British citizenship is a genuine requirement.
Any absences in excess of 900 days (540 days for section 6(2) applications) are very rarely disregarded. If your absences are more than this limit your application is likely to fail and your fee will not be fully refunded.
Absences from the UK during the last 12 months of your qualifying period:
| 6(1) and 6(2) applications | |
| Normally permitted absences in final 12 months of your qualifying period | 90 days |
| Total number of absences normally disregarded | 100 days |
Total number of absences normally disregarded only if all other requirements are met and
|
101 – 179 days |
Total number of absences that may be disregarded if you do not meet all of the other requirements providing the following criteria are met:
and
|
Only in the most exceptional circumstances would total absences exceeding 180 days in the final 12 months of the qualifying period be disregarded if all other requirements were not met.
Disclaimer:
The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Connaught Law and authors accept no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Connaught Law. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Connaught Law.
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